Element - Judgment Search Results

Blakely Vs. Washington

Court: US Supreme Court

..... significant costs on a legislature s determination that a particular fact not historically an element warrants a higher sentence while not a constitutional prohibition on guidelines schemes the majority ..... find their cure in legislation emerging from the experience of and discussion among all elements of the criminal justice community than in a virtually unchangeable constitutional decision of this .....

Sterlite Industries (India) Ltd. Vs. Cce, Tirunelveli and Cce, Madurai

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu

..... the cool water comes from the cooling towers which contains some bacteria corrosive elements and scaling elements water treatment chemicals are nothing but chemical which enable to remove the bacteria ..... a of chapter 28 clearly states that the said chapter applies to separate chemical elements and separate chemically defined compounds whether or not containing impurities therefore the sulphur dioxide .....

Asoka Spintex Ltd., R.M. Gohel, Vs. Commissioner of Central Excise

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in: (2004)(171)ELT59Tri(Mum.)bai

..... limitation aspect is concerned in respect to inclusion of these elements i have already stated above that there has been deliberate ..... of the wages the deptl officers correctly presumed that these elements must have so been included and similarly once administrative overheads ..... prevented the department from making an inquiry as to what elements were specifically included in the cost of production of yarn .....

Waters and Others (Appellants) Vs. Welsh Development Agency (Responden ...

Court: House of Lords

..... entitling the courts to authorise the expropriation without compensation of that element of the land s value 109 in myers v milton keynes ..... such compensatory measure had long been recognised to be an essential element of the barrage scheme and as the years passed the ..... immediate project for which the acquisition is made not merely the element of compulsion but not the underlying planning history 7 17 .....

Attorney General's Reference No 4 of 2002 (On Appeal from the Court of ...

Court: House of Lords

..... public prosecutions 2000 2 ac 428 460 the established common law presumption that a mental element traditionally labelled mens rea is an essential ingredient unless parliament has indicated a contrary ..... after it was proscribed all that has happened is that without changing the definitional elements of the offence parliament has given these particular defendants the additional benefit of a .....

Mafatlal Industries Ltd. Vs. Commissioner of Central Excise

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in: (2004)(95)ECC506

..... of yam up to spindle point the second contention of the commissioner is that certain elements of cost pertaining to administrative overheads selling and distribution expenses profit interest etc should ..... only a clarification of already stated position if the department was aware that all these elements should have been taken into consideration the appropriate time to point out these shortcomings .....

In Re: Timken India Ltd.

Court: Authority for Advance Rulings

Reported in: (2005)193CTRAAR610

..... applicant as it is in the nature of reimbursement and contains no element of income the authority for advance rulings in the case of ..... expenses incurred in providing the services even when there is no profit element from the assessment record of the applicant it is noted that the ..... it in rendering the services without adding any mark up or profit element on such costs in the light of the facts of the .....

Kp Permanent Make-up, Inc. Vs. Lasting Impression I, Inc.

Court: US Supreme Court

..... the defendant a defense of showing affirmatively that the plaintiff cannot succeed in proving some element like confusion all the defendant needs to do is to leave the factfinder unpersuaded that ..... a plaintiff succeeds in making out a prima facie case of trademark infringement including the element of likelihood of consumer confusion the defendant may offer rebutting evidence to undercut the force .....

Bimal Kumar Kundu and Sudip Ghosh Vs. State of West Bengal

Court: Kolkata

Reported in: 2005(1)CHN548

..... when the allegation was very serious and materials in case diary established prima facie elements of offence against both the petitioners 14 mr r s chattopadhyay learned advocate appearing ..... collected during investigation and after perusing case diary if the learned magistrate finds that elements of other offence has been disclosed during investigation learned magistrate may take necessary action .....

Cce Vs. Siv Industries

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu

Reported in: (2004)(95)ECC377

..... submitted that what was claimed as refund pertained to customs duty element paid on the final product which was conclusively held to be ..... clearances from the stocks and pertaining only to the customs duty element of the payments there is no claim for refund of aed ..... in the matter and that the claim pertained only to customs duty element on the final product on which the department had insisted on .....